Technology
How Patent Claim Construction Influences Infringement Litigation Outcomes
Quick fact
In the U.S., claim construction is a question of law decided by a judge, not a jury. The judge's interpretation of patent claims at the Markman hearing often resolves the case even before trial, because the broad or narrow scope of a single term can determine infringement.
Why this is interesting
Imagine describing your invention in a few sentences—a court's interpretation of those words can determine whether a competitor's product is illegal or perfectly legal. How can a single disputed phrase decide an entire million-dollar lawsuit?